A SUSPECTED drink driver who failed to provide police with an evidential breath specimen blamed his asthma.
Penrith man Ben Abbott, 34, denied any wrongdoing but failed to appear at the city’s Rickergate court for his trial.
He was found guilty in his absence.
The defendant, of Market Court, Penrith, who admitted failing to answer his court bail and driving while uninsured, was brought back to Carlisle's Rickergate court for sentencing.
Prosecutor Diane Jackson described how police officers stopped his Audi car at Velley Road in Clifton on Saturday April 26 because they suspected he was guilty of an offence.
An initial roadside breath test indicated that he had alcohol in his system at a concentration of 65mcg per every 100mls of breath.
The legal limit for driving is 35mcg. But when the officers took Abbott back to the station, he repeatedly failed to provide a breath specimen to confirm the level of alcohol that was in his system.
Despite him making four attempts, the failed to blow with the sufficient force or steadiness to produce a reading.
Prosecutor Diane Jackson said Abbott told police that he understood what he needed to do when giving a breath sample. He at one point told the officers: “I am trying; you can see that I’m trying.”
Mrs Jackson said: “He was asked if there was any reason why he could not produce a reading and he replied: ‘It’s my asthma.’”
His trial had been due to consider medical evidence on June 27 but the defendant failed to attend.
The court heard that Abbott had previously been convicted of drink driving in 2015 and that the prosecution view was that he deliberately refused to provide the required breath sample.
Mark Shepherd, defending, said there was good evidence that Abbott had not deliberately refused to provide a breath sample. A peak-flow test showed that his lung power that day was below that of a typical healthy adult.
“He said he was panicking because he did not have his inhalers,” said the lawyer, adding that Abbott asked the police officers to take a blood sample as he was "struggling" to provide a breath specimen.
Mr Shepherd continued: “The evidence is more consistent with somebody trying but failing [to provide a specimen] but this is a strict liability offence.”
Regarding Abbott’s failure to attend his trial, the lawyer said the defendant, who suffers anxiety and depression, had tried but failed to get the trial adjourned.
He had not been in a fit mental state to come to court. Magistrates imposed a 36-month ban, as well as a £300 fine, costs of £350 and a £120 victim surcharge.
Abbott was offered the drink driver rehabilitation course, which if completed will reduce the length of the disqualification.
Share